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The Dialectical Path of Law
About this book
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
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Yes, you can access The Dialectical Path of Law by Charles Lincoln in PDF and/or ePUB format, as well as other popular books in Law & Consumer Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Half Title
- Title Page
- Copyright Page
- Contents
- Preface
- Introduction1
- Chapter 1: Anthropological Structuralism and Law
- Chapter 2: Toward More Memes1 of Theories
- Chapter 3: Is there a “Jungian Archetype” of Government? : Structuralism and Constitutional Forms of Government in a Postmode n World1
- Chapter 4: What Is Money? The Debt–Promise to Pay–Answer to Anthropological Legal and Historical Analysis
- Chapter 5: An Example Discussed
- Chapter 6: Complication: Compare and Contrast the Policies of the U.S. Precedent as Outlined in Regard to Risk Allocation to BEPS Action 9 Report on Risk Allocation
- Chapter 7: The Swerve to the Future1
- Chapter 8: Reason (1) U.S. Constitutional Policy Regarding International Law and the Concept of Stare Decisis
- Chapter 9: Reason (2): Following the Concept of Stare Decisis: Summary of U.S. Tax Court Precedent on Transfer Pricing Regarding Risk Allocation
- Chapter 10: Reason (3) The U.S. Tax Court Will Not Apply Action 9: Amazon Re-Examined and the IRS’s Unwillingness and Inability to Apply OECD’s Action 9 Recommendations on Risk Analysis
- Chapter 11: Compare and Contrast Current U.S. Precedent to BEPS Action 9 Report on Risk Allocation
- Chapter 12: The Conclusion and Possible Answers to Chapters 5 through 11
- Chapter 13: Policy Questions for the Future
- Chapter 14: Can the System of Money and Debt be a Sanctuary Legally?
- Conclusion: Gödel, Escher, and Wittgenstein?1 The End of Philosophy and Linguistic Analysis of Law2
- Introduction
- Index
- About the Author
